Uganda’s Anti-homosexuality bill: What do we know?

If you have been following news about Uganda, you will by now be aware that the legislators of that country finally passed the anti homosexuality bill.

By way of background the anti-homosexuality bill was first proposed in 2009 by Ugandan MP David Bahati who argued that homosexuality was alien to Uganda’s cultural and religious beliefs and was a threat to the traditional family in Uganda. In addition that, whilst homosexuality is a human right in the Western World it is not so in Uganda and anyone engaging in it is committing a crime.

Bahati further argued that laws left behind by the British were insufficient because whilst they dealt with unnatural acts, there was neither provision for aggravated homosexuality nor penalties for the promotion or dissemination of literature and materials promoting homosexuality.

In the intervening years the debate about whether Uganda would actually pass this law has preoccupied human rights activists, donors, national and international media as well as citizens of Uganda .

When I first learned about this bill, I had several conversations with Ugandans that live in Uganda to try and learn the truth behind headlines such as “Uganda is the worst place to be gay”.

What I learned was that the people of Uganda were divided on the matter and I got a different answer depending on whom I was talking to. Uganda is a very conservative and religious country and the degree of religious and cultural convictions appeared to influence individual reactions on the matter of homosexuality.

In the interests of human rights and Uganda’s reputation within the international system, I had hoped that this bill would never see day light and to try and get an understanding as to how it would actually work in practice I reached out to the sharpest legal minds I know in Uganda and here is how our twitter conversation unfolded

@pmagelah@dfkm1970 Good morning! Your thoughts on the anti- homosexuality bill pls? Will gay bars in Kampala be closed for instance?

Both Peter and David agree that this law if passed will be very hard to enforce, similar to laws that govern distilling gin in your home without a licence.

Indeed when I first explored this matter in 2010, there was a feeling that, the push to get the bill through parliament was to detract from societal issues . Those I spoke to were puzzled too as to why the issue of homosexuality in Uganda had occupied Ugandan politics in such a way when homosexuals have always been part of Ugandan society, moreover that Uganda was/is grappling with issues such as disease and poverty which require urgent government attention.

As one Ugandan journalist told me at the time“ we have always known about the existence of homosexuals in our society so why legislate for something that is a none issue”

The judgement in these cases relied on both national and international laws/ conventions that protect the rights of individuals. ( for further information on International Laws and same sex conduct check out this ICJ article)

It would therefore appear that even when the bill passes Presidential approval as well as the issue of parliamentary quorum, gay people in Uganda would be protected by Uganda’s constitution and the various international laws.